License and Royalty Revenue | 6. License and Royalty Revenue As of March 31, 2020, the Company’s NAV Technology Platform was being applied by NAV Technology Licensees in one commercial product, Zolgensma, and in the development of more than 20 product candidates. Consideration to the Company under its license agreements may include: (i) up-front and annual fees, (ii) option fees to acquire additional licenses, (iii) milestone payments based on the achievement of certain development and sales-based milestones by licensees, (iv) sublicense fees and (v) royalties on sales of licensed products. Sublicense fees vary by license and range from a mid-single digit percentage to a low-double digit percentage of license fees received by licensees as a result of sublicenses. Royalties on net sales of commercialized products vary by license and range from a mid-single digit percentage to a low double-digit percentage of net sales by licensees. Development milestone payments are evaluated each reporting period and are only included in the transaction price of each license and recognized as license revenue to the extent the milestones are considered probable of achievement. Sales-based milestones are excluded from the transaction price of each license agreement and recognized as royalty revenue in the period of achievement. As of March 31, 2020, the Company’s license agreements, excluding additional licenses that could be granted upon the exercise of options by licensees, contained unachieved milestones which could result in aggregate milestone payments to the Company of up to $371.4 million, including $0.3 million upon the submission of preclinical regulatory filings, $24.1 million upon the commencement of various stages of clinical trials, $31.0 million upon the submission of regulatory approval filings, $109.0 million upon the approval of commercial products by regulatory agencies and $207.0 million upon the achievement of specified sales targets for licensed products. To the extent the milestone payments are realized by the Company, the Company will be obligated to pay sublicense fees to licensors based on a specified percentage of the fees earned by the Company. The achievement of milestones by licensees is highly dependent on the successful development and commercialization of licensed products and it is at least reasonably possible that some or all of the milestone fees will not be realized by the Company. The following tables present changes in the balances of the Company’s receivables, contract assets and contract liabilities during the periods presented (in thousands): Balance at Beginning Balance at of Period Additions Deductions End of Period Three Months Ended March 31, 2020 Receivables and contract assets: Accounts receivable, current and non-current $ 42,303 $ 18,142 $ (11,550 ) $ 48,895 Contract assets $ — $ 350 $ — $ 350 Contract liabilities: Deferred revenue, current and non-current $ 3,333 $ — $ — $ 3,333 Balance at Beginning Balance at of Period Additions Deductions End of Period Three Months Ended March 31, 2019 Receivables and contract assets: Accounts receivable, current and non-current $ 31,599 $ 1,738 $ (2,207 ) $ 31,130 Contract assets $ 750 $ 1,000 $ (750 ) $ 1,000 Contract liabilities: Deferred revenue, current and non-current $ 3,933 $ — $ — $ 3,933 Additions to accounts receivable during the three months ended March 31, 2020 primarily consisted of royalties on net sales of Zolgensma of $10.0 million, receivables recorded related to new licenses granted during the period and interest income recognized during the period related to significant financing components. Additions to accounts receivable during the three months ended March 31, 2019 primarily consisted of amounts billed upon the achievement of development milestones by licensees and interest income recognized during the period related to significant financing components. Deductions to accounts receivable during the three months ended March 31, 2020 and 2019 primarily consisted of amounts collected from licensees during the period. The changes in the balances of contract assets during the three months ended March 31, 2020 and 2019 consist of development milestones deemed probable of achievement by licensees during the period, offset by the subsequent achievement of such milestones and billing of associated milestone payments by the Company. As of March 31, 2020, the Company had recorded deferred revenue of $3.3 million which represents consideration received from licensees for performance obligations that have not yet been satisfied by the Company. Unsatisfied performance obligations consist of options granted to licensees that provide material rights to the licensee to acquire additional licenses from the Company. These performance obligations will be satisfied, and underlying revenue will be recognized, upon the exercise or expiration of the options. The Company did not recognize any license revenue during the three months ended March 31, 2020 and 2019 that was included in deferred revenue at the beginning of the period. During the three months ended March 31, 2020 and 2019, the Company recognized revenue of $10.4 million and $0.8 million, respectively, from performance obligations satisfied in prior periods as a result of changes in the transaction prices of its license agreements as well as royalties on sales of licensed products and sublicense fees. Changes in the transaction prices during the periods were primarily attributable to development milestones achieved or deemed probable of achievement during the period that were previously not considered probable of achievement. As of March 31, 2020, the Company had recorded total current and non-current accounts receivable of $48.9 million, of which $7.1 million had been billed to customers and $41.8 million was billable to customers in future periods. As of December 31, 2019, the Company had recorded total current and non-current accounts receivable of $42.3 million, of which $0.4 million had been billed to customers and $41.9 million was billable to customers in future periods. Based on the Company’s evaluation of the credit quality and financial condition of its significant customers, history of collections and evaluation of current and future expected economic conditions, no credit losses were recognized on accounts receivable or contract assets during the three months ended March 31, 2020. AveXis March 2014 License In March 2014, the Company entered into an exclusive license agreement, as amended in January 2018 (the March 2014 License) with AveXis, Inc. (AveXis). Under the March 2014 License, the Company granted AveXis an exclusive, worldwide commercial license, with rights to sublicense, to the NAV Technology Platform, as well as other certain rights, for the treatment of spinal muscular atrophy (SMA) in humans by in vivo gene therapy. AveXis launched commercial sales of Zolgensma in the second quarter of 2019, which is a licensed product under the March 2014 License. Upon the commencement of commercial sales in the second quarter of 2019, the Company began recognizing royalty revenue on net sales of Zolgensma. The Company recognized the following amounts under the March 2014 License with AveXis (in thousands): Three Months Ended March 31, 2020 2019 License revenue $ — $ — Zolgensma royalty revenue 9,978 — Total license and royalty revenue $ 9,978 $ — Interest income from licensing $ 7 $ 8 As of March 31, 2020, the Company had recorded $10.0 million of accounts receivable from AveXis under the March 2014 License, of which $9.8 million were included in current assets and $0.2 million were included in non-current assets. As of December 31, 2019, the Company had recorded $11.0 million of accounts receivable from AveXis under the March 2014 License, of which $10.8 million were included in current assets and $0.2 million were included in non-current assets. Abeona Therapeutics Inc. Accounts receivable as of March 31, 2020 and December 31, 2019 included $26.9 million and $26.3 million, respectively, related to the November 2018 license agreement, as amended in November 2019 (the November 2018 License) with Abeona Therapeutics Inc. (Abeona) for the development and commercialization of treatments for various diseases, all of which were included in current assets. Pursuant to the November 2018 License, Abeona was required to pay the Company a license fee of $8.0 million on April 1, 2020. In May 2020, after providing written notice to Abeona as required under the license agreement, the November 2018 License was effectively terminated by the Company as a result of breach by Abeona for the failure to pay the $8.0 million license fee due on April 1, 2020. Pursuant to the November 2018 License, Abeona is required to pay the aforementioned $8.0 million license fee to the Company immediately upon the termination of the license agreement. Additionally, Abeona is required to pay a $20.0 million license fee to the Company within 15 days of the termination date, which otherwise would have been due to the Company in November 2020. |